Author: Tami Wloch

When the time comes to retire, it is important to know that the business you have worked so hard for through the years is protected.  The decision to pass on the family business takes careful consideration, and these practical tips will help to ensure that the transition goes smoothly.

Establish Business Objectives and Goals Early On

It is never too early to start planning for the future.  And the more detailed objectives you establish early on, the smoother the eventual transition will be.  Think about what direction you want the company to move in and which people are most able to achieve those goals.  Always try to involve your family in this process and maintain an open dialogue among those family members who are involved.

Decide on the Structure of the Transfer

When passing on a family business, there are a number of ways to structure the transaction.  For example, aside from the standard lump-sum sale, you have the option of transferring all or part of the company as a gift.  Additionally, you could sell a portion of the company while retaining some of the assets and income.  Or you could choose to provide a loan to the new owner, thereby earning additional income through interest.  There are advantages and potential tax implications to each of these options, so you need to decide on the structure that best matches your personal circumstances and goals.

Be Objective When Making Decisions for the Company

A family business is still a business, which means you must sometimes make very difficult decisions.  When family is involved, it can be challenging to keep the best interest of the business in mind. However, this is the only way to ensure its continued success.  For example, you must objectively look at which family members are capable of taking on specific roles, and know that not everyone will get an equal share.  There are many arrangements that can be made that will allow non-managerial family members to benefit from the business and your attorney will help devise the best plan for your individual situation.

Work With an Attorney Who is Experienced in Business Law

So much goes into the successful transition of your family business, and the laws can be complex.  Of course, you want what is best for your family and for the transition to be as easy as possible.  And the best way to protect your business and the family members who assume the new responsibilities is to work with a qualified attorney. The experienced attorneys at Churchill, Quinn, Hamilton & Van Donselaar, Ltd. can provide essential advice on company structure, planning strategies at all stages of the company, plus many more valuable options that can help the company thrive from one generation to the next.  Call us at 847-223-1500 or visit grayslakelaw.com for more information.

Additional information can be referenced here

Disputes regarding real estate are common.  Unfortunately, residential and commercial property owners, developers, and even potential property owners can find themselves involved in a real estate dispute at some point.  Working with an attorney who is experienced in real estate litigation can help a current or potential property owner protect their legal rights to their real estate.  Here are a few of the most common situations for an attorney to get involved.

Real Estate Contract Disputes

A real estate contract is a binding agreement, and sellers are obligated to ensure that the details, including any known defects, are true and accurate.  Additionally, both buyers and sellers must ensure that they comply with all of the terms and conditions set forth in the contract.  If one party fails to follow the terms of the contract, the other party may sue for breach of contract.  Similarly, if the seller fails to disclose a property defect, the buyer may pursue legal action against the seller.

It’s important to note that working with an experienced real estate attorney from the start of any purchase transaction can help both parties avoid legal action down the line.  A good attorney will thoroughly review the contract and other transaction documents, to verify terms and conditions and explain buyer and seller legal obligations.

Property Boundary Disputes

If there’s one thing that can affect a relationship with a neighbor, it’s a disagreement over where one property ends and another begins.  For example, you look out your back window one day and see that the couple next door has built a fence, pool, deck or other permanent structure on what appears to be your property.  Moving the structure might not be an easy task, so if a reasonable discussion with them doesn’t work, a legal intervention is sometimes the only way to settle the dispute. In this situation, your attorney can take the necessary legal steps to prove your right to the land and protect your rights to your property.

Joint Property Ownership Disputes

Purchasing a property with another person can be a smart investment decision.  However, when there are disagreements regarding the property, disputes between owners can quickly escalate.  There are a number of reasons that might lead one co-owner to disagree with the other. For example, they might have different ideas as to improvements that need to be made, or whether it is time to sell the property.  There could also be disputes over who is responsible for paying the taxes, mortgage payments or maintenance costs.

Choose the Right Attorney for Real Estate Litigation Issues

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd for matters involving property disputes gives you an advantage, because of our extensive experience in real estate law.  We have helped our clients find successful resolutions, both in and out of the courtroom, for a wide range of real estate disputes.  To better serve our clients involved in a real estate litigation case, our litigation attorneys work closely with our real estate attorneys in order to combine our insight and expertise and get the best possible outcome.  Contact our Grayslake office at 847-223-1500 to learn more or to schedule a consultation.

We’d like to announce our firm’s new name: Churchill, Quinn, Hamilton, & Van Donselaar.   We’ve refreshed our logo and our website, too – get a sneak peek here:  www.grayslakelaw.com

New Name, Refreshed Look, Same Great Service

Although we’ve had a little update, you can be assured we are offering the same exceptional legal services as always.  2021 was a time for change in many companies.  We guided many businesses through the challenges the last year presented, and helped them reshape and refresh their companies.  Likewise, we decided to take this time to update our own business’s look as well.

Along with our new name, we’ve rolled out a brand-new logo and a refreshed website to acknowledge that we, like so many businesses, needed a bright, positive change.

Still Located In Downtown Grayslake

Rest assured; our offices are still in the same place – on the same corner in Downtown Grayslake where we have been for over 100 years!  We still make it a priority to give back to our community and look forward to sponsoring many more in-person events this year, including the Beer Festival, the Golf Outing, and of course, Grayslake Summer Days!

Providing Both Personal and Business Law

As always, our law firm is here, in your community, to help you through whatever legal challenge you are facing.  Whether you need a lawyer to go to court with you, challenge your increasing property tax, to fight insurance fraud, or solve a problem you’re having with your landlord or tenant, we are here to support you.

Here are a few other matters we can guide you through:

Family matters such as setting up a trust or estate, setting up living wills or powers-of-attorney, or wealth protection

Business matters such as filing a Workers’ Compensation claim, malpractice claims, forming a corporation or LLC, starting a charitable organization, or transactions such stock/asset purchases and sales, mergers and acquisitions

Real Estate items such as drafting commercial real estate contracts, rezoning of real estate, and residential or commercial leases

There are many more ways CQHV can help you personally or with your business.  We have a new name, our look is refreshed & our lawyers are here to help as we have always been!  For a free consultation, give us a call at (847) 223-1500 or find more info here.

There are laws in place that require employers to notify employees of certain workplace rights, through means such as posters or direct handouts.  Illinois laws do not require companies to provide an official employee handbook to each employee.  However, it is definitely a good policy to do so.  This way, every employee knows exactly what to expect right from the start. The beginning of a new year is the perfect time to review company procedures, new hire documents and especially the employee handbook.  Here are some essential topics to cover in yours.

Company Policies

Every company has their own set of policies in place that they expect employees to follow.  Therefore, it is important to make them aware of these policies from day one.  Your employee handbook should clearly state information regarding company policies such as:

• Allowable paid time off, such as sick days, vacation days or family and medical leave time, if applicable
• Benefits and eligibility
• Payroll information, such as disbursement of paychecks, overtime policies, etc.
• Business operating hours

Company Culture

An employee handbook should contain some information about the company itself, the workplace environment, and its legal acknowledgement of important policies pertaining to employee safety and well-being. This could include topics such as:

• Company history
• Company mission statement
• Diversity, equity and inclusion statement
• Antidiscrimination / equal employment policy
• Harassment policies
• Complaint procedures

Employee Expectations

An employee’s successful performance on the job depends on their understanding of what is expected of them.  The employee handbook should detail these expectations including topics such as:

• Code of conduct which explains how they are expected to conduct themselves while on company premises
• Attendance expectations
• Dress code policies
• Smoking policies on company premises
• Acceptable use of company computers
• Texting or social media use while at work
• Employee conflict resolution

General Disclaimers

Every employee handbook should include some general legal disclaimers that state:

• The handbook is not a contract or guarantee of continued employment
• Policies can change at any time
• The handbook allows room for employer interpretation, as not every situation can be addressed

In addition to a thorough employee handbook, you should also consider which other important documents you want to include in your new hire packet.  For instance, non-disclosure agreements are used to protect sensitive company information, and non-compete agreements are useful to discourage your employees from bringing their work experience to competing companies.

The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd. have decades of experience in business law and we provide legal guidance to our business clients in all aspect of their operations, including crucial employee documents.  We can help your business avoid litigation by creating a comprehensive employee handbook, along with other important policies and procedures.  Contact us to learn more at 847-223-1500 or https://grayslakelaw.com/practice-areas/business-law/.

Preparing a will is not a task that most people look forward to.  For one, it brings into reality the possibility of not being here someday, and nobody really wants to think about that.  Also, younger, healthy people may feel like they have all the time in the world to get it done.  So it gets pushed off, and procrastinated and moved to the bottom of the to-do list over and over again. But when it comes to preparing that will, there is seriously no better time than right now.  Here is why you should not put it off any longer.

Prepare a Will to Protect Your Children

As a parent, protecting your kids should be at the top of your list of priorities.  If you can’t be here to care for them, a will allows you to specify who will take on that responsibility.  Without a will, you lose that power, as the court system will decide for you.

Prepare a Will to Decide Who Gets What

Even if you don’t have a huge estate, you still want to have the final say in how it gets divided among those you care about.  When you prepare a will, it will clearly state who gets your assets, property and even pets.  Additionally, you can also indicate if there is any person (such as an ex) that you specifically do not want to inherit any part of your estate.

Prepare a Will to Choose Someone to Manage Your Estate

In your will, you have the option of naming an executor who is responsible for managing the distribution of your estate and carrying out your specific instructions.  This should be someone you trust to responsibly wrap up the details of your estate, such as closing out accounts, paying final bills or debts, filing final income tax returns and more.

Prepare a Will to Keep Peace Within the Family

Unfortunately, the passing of a loved one can often lead to disagreements between family members.  Everything from how assets should be distributed to who should be in charge of managing the estate can all come into question without specific instructions that are detailed in a will.  Additionally, when no will has been prepared, your loved ones can be subjected to a more complicated, time-consuming and expensive process in probate court.  When you prepare a detailed will, you can help eliminate or reduce undue stress and unnecessary disputes among family members and keep peace within the family.

Prepare a Will for Peace of Mind

Knowing that you have your affairs in order in case of the unexpected can lead to a great sense of comfort.  When you prepare a will, you know that your family will be protected and your loved ones will not have a huge burden awaiting them.

We Are Estate Planning Experts

The team at Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience helping our community members prepare their estate and plan for the future security of their loved ones.  From will preparation to probate and trust administration, we can help you develop an estate plan that works for your specific needs.  Contact our Grayslake office today at 847-223-1500 to schedule a consultation.

The reason you purchase insurance, of course, is to financially protect yourself or your business.  The costs incurred from an accident, illness or other catastrophic event could be devastating without insurance protection.  So you pay your monthly premiums and assume your provider will have your back if you need them.  Unfortunately, that’s not always the result when filing an insurance claim.  Having your claim denied can be frustrating, and it may leave you wondering if there is any way to contest the denial.  Although it might be a difficult road, it is possible to get a denial reversed.  A qualified attorney, like those at Churchill, Quinn, Richtman & Hamilton, Ltd, can make a difference in whether you emerge victorious in your insurance claim dispute.

Every Insurance Policy is Different  

Each insurance carrier has their own set of rules and exclusions, and they can vary greatly between companies.  For example, what is covered, what is not covered, and under what circumstances, are all specified within the policy itself.  When an insurance claim is filed, the claims adjuster is responsible for determining if the claim is valid, based on his or her interpretation of the terms of the policy.  If the adjuster makes the decision to deny the claim it can be very difficult to get the decision changed.

Why a Claim Might Get Denied

A claims adjuster will deny a claim if he or she believes that the claim does not meet their criteria for approval.  Some examples of reasons for denial include:

• The claim exceeds the policy coverage limits
• You are filing a claim for coverage that you did not purchase as part of your policy
• You misrepresented information when applying for the insurance policy
• The insurance company suspects fraud
• Important details have been left out of the filed claim
• The claim was not filed on time
• The insurance company believes your own negligence was a contributing factor
• The policy’s fine print may contain exclusions pertaining to the details of your claim

What You Can Do to Dispute a Denied Claim

If you feel that your claim was unfairly denied, you can always ask the insurer to reconsider.  In the best-case scenario, they reverse their decision and your claim gets paid.  However, disputes involving insurance are typically not that easy, and most people don’t want to take on an escalated fight alone.  Insurance companies can seem large and intimidating, as they are often supported by a strong team of legal experts.  Accordingly, it would make sense to have an equally strong defense to argue your case.  An experienced attorney can help determine why the claim was denied, and therefore create the best strategy for a defense.

The attorneys at Churchill, Quinn, Richtman & Hamilton, Ltd have successfully represented many clients in a variety of insurance claim disputes.  From the real estate industry to auto policies to life insurance disputes and more, our team has the experience to help you get the results you want.  To learn more or to schedule an appointment, contact our office at 847-223-1500.

 

Additional information can be referenced here

If you own real estate in Lake County, Illinois, you should have recently received your 2019 (payable in 2020) real estate tax bill. After picking your jaw up of the floor and otherwise recovering from the shock caused by such an unfortunate event, you’re probably wondering, now what? Though there isn’t anything that can be done to challenge the bill you just received, there are things that can be done so that next year’s real estate tax experience is less painful.

First Things First

The unfortunate reality (something you’d think we are becoming more accustomed to these days) is that the tax bill you just received in the mail cannot be challenged. All you can do now is grit your teeth and pay the bill.

But There Is Good News

The good news is, an ordinance recently passed by the Lake County Board does give taxpayers more time to pay the bill that they just received. Ordinarily, the first installment of taxes would have been due on June 8, 2020 and the second on September 8, 2020. This year, in response to the economic hardship being caused by the COVID-19 pandemic, an ordinance has been passed allowing deferred payment of real estate taxes. Under the new payment schedule, taxes may be paid in four (4) installments that are due on

• June 8
• August 7
• September 8
• November 9

While the deferred payment schedule offers some short term relief, the total amount of taxes that must be paid remains the same.

How Do They Calculate Your Taxes?

Before we go further, let’s pause to go over how real estate taxes are calculated. In Illinois, the amount owed for real estate taxes is based, for the most part, upon the assessed value of the property and the applicable tax rate. Legal challenges to the applicable tax rate are somewhat impractical and not all that successful. Therefore, to challenge and reduce your real estate tax bill we must turn to the assessed value of the property.

What Does Assessed Value Mean?

What is meant by the “assessed value” of the property? Assessed value is 1/3 of the “fair cash value”. Fair cash value is defined by law as “the amount for which a property can be sold in the due course of business and trade, not under duress, between a willing buyer and a willing seller.” Think of fair cash value as being the same as what is typically referred to as market value.

That takes us to the heart of the issue, how can you reduce your real estate taxes. Remember, you can’t contest the tax bill you just received. You can, however, begin preparing to contest next year’s taxes. Part of how you can prepare is by understanding the process.

Let’s Talk Tax Bill Process

Each year, from late summer to the late fall, assessments are mailed to taxpayers in Lake County. The assessment is printed on blue paper and is often referred to as the “blue sheet”.  Receipt of the blue sheet is crucial because Illinois law provides that challenges to the assessment must be filed within 30 days of the assessment being mailed to the taxpayer. This is why, when tax bills are received (which is when most people tend to be the most passionate about the amount they pay for taxes), it is not the time to act. Several months later, after the sting of receiving the tax bill has worn off, a strange, innocuous looking blue piece of paper is received in the mail. Countless times, the blue sheet is missed in the mail or disregarded, and thus, the opportunity to challenge the assessment of the property is missed.

How Can You Contest Your Taxes?

This year, we urge you to prepare well in advance to contest the assessment of your real estate. While the sting and the reality of your Lake County real estate tax bill is still fresh in mind, contact us to have us review your real estate tax situation.  This means you should make an appointment NOW.

What If You Don’t Win My Appeal?

If your property is correctly assessed, there’s no fee for our services. If we appeal your assessment, and we obtain a lower assessed value for your property, only then will you have a fee.  Our fees are 100% contingent upon successfully lowering the assessment and tax on your property.

You Need To Prepare NOW

Because you will have such a short window to contest your assessed value, it is best to have your case reviewed right now.  Then, when you receive your dreaded blue sheets, you will already have someone in your corner, fighting for you.  We are open for business right now.  We can talk with you and review your value via phone and by sending documents electronically.  Let’s see if we can save you money!  Contact us today at (847) 223-1500 to appeal your 2020 real estate taxes.

Estate planning & Will planning may be on everyone’s mind a bit more during this crisis.  The experienced lawyers at Churchill, Quinn, Richtman, & Hamilton are here for you as always.  We are ready to assist via phone at (847) 223-1500.

We’d like to share some information from a recently published article in the Chicago Tribune:

Legal services were deemed an essential service as part of Gov. J.B. Pritzker’s stay-at-home order, which means attorneys are still working during the coronavirus pandemic. An attorney in Homer Glen said his one-man firm is carrying on. Just this week, he had a couple come in to sign their will and while he said he’s not inundated with calls from prospective clients during this pandemic, he has seen an increase in calls.

“Last Saturday, I met with an elderly woman who lives with her daughters who both work in the health care services industry,” he said. “She was terrified that one of her daughters is going to contract it through one of the patients and bring it home. So, it was sort of a wake-up call to put her will in place.”

With more time behind closed doors, attorneys are saying estate planning “might be something that people want to turn their attention to” after figuring out how to get toilet paper and keeping their kids from driving them crazy while they’re working from home.

 

A recent survey by Caring.com, a caregiving resource, found that the number of American adults that have a will or another type of estate planning document has decreased by almost 25% since 2017 and the number of older and middle-aged adults with estate planning documents dropped by 20% and 25% since 2019, respectively. When asked why they have put off estate planning, many cite a lack of knowledge or the cost of tackling it as their main reason.

We’re all sitting at home, and we need things to occupy us, so it’s a great time to ask your attorney to send over copies of your current documents, update your financial statements, to help your attorney review your current plan.

An Evanston lawyer says he’s getting more calls from existing clients who may have been “dillydallying” about getting their wills completed, who are now calling him wanting to get them finished.

“The estate planning process is often one characterized by fits and starts, like somebody knows they have to do it, but for most people, it’s the last thing on their list because they’re off busy living, and not thinking about dying,” he said.

Hopefully, things like electronic witnessing and notarization will exist in Illinois soon. She said it wouldn’t surprise her if this becomes a permanent change that comes out of this pandemic.

Amid coronavirus concerns, people may be thinking about their mortality, but attorneys say don’t rush when getting it done.  Find a proper estate planner by going through an established firm.

According to wealth professionals like Robert Westley, vice president and wealth adviser at Northern Trust in the greater New York region, estate planning isn’t only about money. If you have assets that you want to go to certain people, you should create a document that specifies who gets what, Westley said. Specifically, for those with young children, a will is necessary because “it names the guardians of minor children, and you will want to ensure that you, and not the courts, are naming their guardians.”

Estate planning is something that people tend to put off, but a pandemic or a national disaster kind of wakes people up that they really need to get something in place.  Make sure you are deliberate and careful about it. Instead of just trying to do a DIY will, you really should meet with a professional.

Ready to give this planning a go? Here are some basic documents to consider:

• Will: A document that ensures assets are passed to designated beneficiaries, in accordance with your wishes. In the drafting process, you name an executor, the person or institution that oversees the distribution of your assets. If you have minor children, you need to name a guardian for them.
• Letter of instruction: This may contain appointment of someone who will ensure the proper disposition of your remains, which is important if you are choosing a method that is contrary to your family’s tradition.
• Power of attorney: Appointment of someone to act as your agent in a variety of circumstances, such as withdrawing money from a bank.
• Health care proxy: Appointment of someone to make health care decisions on your behalf if you lose the ability to do so.
• Trusts: Revocable (changeable) or irrevocable (not changeable) trusts may be useful, depending on family and tax situations. According to Bart, a will is effective only at death and has to go through probate (court proceedings). An advantage of a revocable trust is avoiding probate. “If I have a great amount of confidence in the people that I’m naming as successive trustees then I can simplify the whole process for them by using the revocable trust,” she said.

We hope you found the article excerpt useful.

As always, the trusted, local lawyers at Churchill, Quinn, Richtman, & Hamilton are here to help you through the process.  Whether you are looking to write a will, appoint a power of attorney, set up a trust, etc, you can count on the firm that has been in Grayslake for over 100 years.

If you have questions, we have answers – give one of our lawyers a call today at (847) 223-1500.

Source:  Chicagotribune

Keeping Families Protected for Generations

Churchill, Quinn, Richtman & Hamilton, Ltd has been a proud member, and supporter, of our local community families for over 100 years.  Call 847-223-1500 for your practical, personalized strategy to protect your assets and beneficiaries – now and in the future.

Local Lawyers… Personalized Service…Here When You Need Us.

Serving northern lake county communities such as Grayslake, Round Lake, Gurnee, Libertyville, and many more.